Wiedmayer v. Midland Mutual Life Insurance

Plaintiff appeals as of right a January 16, 1980, lower court order granting summary judgment in favor of defendant for the reason that no material issue of fact exists in this case. GCR 1963, 117.2(3). We reverse.

The facts of this case for the most part are uncontested. Plaintiffs decedent was an employee of Schoolmaster Plumbing and Heating. On October 31, 1975, he signed an application for group health and life insurance which had been offered to the employees of Schoolmaster by defendant. Plaintiff’s decedent’s application was accepted and the insurance went into effect on December 1,…